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DUMAS v. MERIT SYSTEMS PROTECTION BD.

Appeal No. 85-2134.

789 F.2d 892 (1986)

James W. DUMAS, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent.

United States Court of Appeals, Federal Circuit.

April 25, 1986.

Attorney(s) appearing for the Case

Clement T. Cooper, Washington, D.C., argued, for petitioner.

Stephanie Conley, Merit Systems Protection Bd., Washington, D.C., argued, for respondent; with her on brief were Evangeline W. Swift, Gen. Counsel, Mary L. Jennings, Associate Gen. Counsel for Litigation and Marsha E. Mouyal, Reviewer for Litigation.

Before BALDWIN, Circuit Judge, COWEN, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

James W. Dumas appeals the decision of the Merit Systems Protection Board (MSPB) that summarily dismissed his appeal on the basis that he had not sustained his burden of proof on the issue of the Board's jurisdiction. We vacate the decision, and remand for an evidentiary hearing on the question of jurisdiction.

Background

On May 25, 1983 Mr. Dumas received a decision letter from the Department of Agriculture...

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